>> bob: he is a character actor. you wouldn't know him until you saw him. >> andrea: "lincoln" should win. >> dana: different one. documentary. >> kimberly: that's it for us. thank you for watching. have a great weekend. >> bret: on the sequester, the president has hope. but has much changed? washington at a standstill with less than a week to go. this is "special report." >> bret: good evening. i'm bret baier. we are six days away from what president calls the meat cleaver approach to cuts in spending. we have been explaining that it way. $85 billion decrease in the increase in the size of government. $3.6 trillion budget. but because of how the sequester is implemented the

strict way it was designed, white house idea embraced and voted op by members of both parties in congress. signed in law by the president. here we are. less than a week out. the question is the sequester inevitable? ed henry tells us that depends op who is talking. >> hope springs eternal. i will just keep making my case not only to congress but more importantly the american people. >> president obama took a rare question from the press in the oval office and said he is optimistic to cut off the massive indiscrim innocent spending cuts. >> i have also been clear that there is an alternative. which is for us to take the balanced approach i presented where we have more strategic cuts on programs we don't need. we close tax loopholes that

are taken advantage of by well-off. >> more pessimistic tone coming from speaker boehner's office that today charged the president has been awol. other that phone calls to g.o.p. leaders yesterday and spokesman declared sound bites and speeches won't yield results. while the con seventive group crossroad gps launched a new ad today mocking the apocalyptic tone from the president. >> are you willing to see a bunch of first responders lose their jobs, teachers laid off? air traffic controllers and airport security will be a hardship, scram to believe find child care for their kids. >> the sequester was obama's idea in the first place. he signed it in law. >> it seems like every three months around here, there is a manufacturered crisis. >> they continue doom and gloom with the transportation secretary ray lahood warning the airport wait times are about to become more of a mess. >> flights to major cities. like new york, chicago, san

francisco and others could experience delays of up to 90 minutes. during peak hours. because we have fewer controllers on staff. >> republican rand paul introduced his own a terptive plan without layoff. charming white house is exaggerating the impact. >> i'm'd say balderdash. it's untrue, unfair, dishonest, disingenuous. the president is making stuff up. he puts law enforcement, firemen and policemen who 98% of them are paid for with the local taxes. says you will lose your local police men because of this. it's not true. >> republican duncan hunter teeing off on the white house for delaying deployment of the uss harry s. truman to the persian gulf and hunter claiming this is more about the drama than budget cuts. pentagon spokesman told fox news it was the right decision to make. that it was all about saving mup.

had nothing to do with political drama. bret? >> bret: ed, yesterday, we had gene sperling on with the national economic council of advisors. i asked about the warn act, notices sent out 60 days in advance. letter sent out in september saying that the office of management and budget would cover the legal costs if the government were sued, if the companies were sued rather that the employees didn't get the notices and they would pick up all the legal cost. gene didn't have an answer about that. did the omb get back to us today? >> we were asking budget officials today about some of the issues. today they put out some paper that basically said look, it's not even clear the way the warn act is written that the layoff notices, the furlough notices have to go out, because there are evidents made to shut off the sequester. so it's not clear that the sequester will go forward, though a lot of people think

it will. it's not clear that the legal cost, for people suing the contractors over losing their job they have to be covered. bottom line, there are decisions issued by the both to suggest that the legal costs would have to be picked up. bottom line when all is said and done this could be a big legal mess. >> bret: the question is why the letters went out in the first place ahead of the election. they didn't want the notices to go out. >> yeah. the white house yesterday when i asked carney about that, delaying it for political reasons they insisted no. the only reason they held back furlough notices before the election they were not up against the sequester deadline like they are now. as you said, there were allegations back then, they were holding it back for political reasons. >> bret: we will follow all the elements. thank you. just as all the talk has be about cutting back and the impact of the sequester, at the same time, the obama administration launched a nationwide tour to help more and more americans get on the receiving end of benefits. even with $16 trillion of debt.

and no relief in sight. this 100-city tour is taking off. and freebies are flowing. it's drawn the ire of an influential republican senator. chief congressial senator mike emanuel reports. >> as washington fights over scheduled spending cuts the obama administration launched a 100-city connecting community tour. beaverton, oregon, was the first stop on february 14. representatives of the white house, department of labor, epa, transportation, and hud were sent to promote federal aid in spending. oklahoma senator tom coburn is urging the administration to cap sell the tour when much is made about the impact of sequestration. in this letter sent thursday to the white house office of management and budget, he wrote it is somewhat surprising therefore for the white house to be headlining a 100 city government spending tour. >> we asked for how many people are going on the tour, what is it going to cost, what are the cities and why are we doing this? this is not for political means to exer bait the effects

of the sequester. >> and coburn points out that beaverton have been adept at obtaining federal funds, receiving $2 million in grant and assistance since 2011. at the white house, the press secretary didn't have many details but said the tour isn't a big deal. >> you can find an vim thing and say that this -- an individual thing and say this could be cut. maybe it should be. whatever it is. it represents a drop in the bucket to $85 billion cut. >> everything is a drop in the bucket. we are $16.6 trillion in debt. that is typical washington rationalization. >> earlyer the transportation secretary suggested his part of the tour hit a bump in the road. >> i was supposed to be in orlando and south carolina today. >> meanwhile, the administration is describing the impact of $85 billion in cuts due to begin in a week as devastating, they are pushing for $50 billion in new spending op highways, airports and transit systems.

>> they are very interested in our effort to invest in fix it first development in need of maintenance and repair. >> office of management and budget has not responded to the're for comment on the saturday's letter. he suggests doing it by teleconference. considering the nation's debt, he is inklineed to say likely we cannot afford to do it. bret? >> bret: thanks. tom coburn is chris wallace's guest op "fox news sunday" with claire mccaskill. wall street bounced back after down days and the dow picked up 120 points. s&p 500 gaped 13. finished ahead 30. the old saying about the three most important factors of real estate, location, location, location. may be true in ongoing

discussion in the use of drops. what about at home? chief intelligence correspondent catherine herridge. >> most americans think of drone and they think of the targeted killing of al-qaeda operatives overseas. including anwar al-awlaki taken out by the c.i.a. in recent confirmation hearing, the president's big to lead the agency was pressed for answers. >> do you believe the president should provide an individual american with the tute to surrender before killing them? >> i haven't spoke about any specific operation involving -- >> i'm talking about the concept. >> because you talk about the concept. >> in a series of supplemental questions, brennan said, "this administration has not carried out drone strikes inside the united states and has no intention of doing so." but there is every intention to expand mini drones. used by local police and first

responders, the faa granded 327 licenses. projects $10,000 lie sense system by 2017. >> this is an extra tool in the toolkit for the first responders to use. more affordable than manned outfits out there. >> she says most drones will look like this. >> this is small and it could sit in the drunk of a police car. >> they cannot be armed. they have flight times of an hour or less. >> they would use it for mission such as finding a loss person or more monitoring traffic or crowd control. >> they are a tool for generalized masseur violence for the government. >> critics warp about the not steppial tsunami of drones. dej tall wild west that -- digital wild west. >> there is a case law about aerial surveillance but it's not encouraging to protect privacy. the supreme court ruled the

police can look in your backyard especially if you have a high fence with no warrant. >> with congress requiring integration of uav in the crowded public air space, the drop debate hasn't begun to -- drone debate hasn't begun to address private users. >> this is a different world in terms of modeling it. >> they are setting up a group to study impact of this on the legal a policy issues. >> do you think drops should be deployed on miles per hour soil? follow me on @brettbaier. outgoing chief leon panetta an the german counterpart have issues over the troops remaining in afghanistan after

2014. he says it's between 8,000 and 12,000 and would be made up of forces from several nations. the german my center said panetta said 8,000 to 10,000 and they would be miles per hours. pentagon suspended all flights of the f-35 jet fighter, fighter jet after a routine inspection revealed a crack in the engine blade provided by the defense contractor whitne whitney. this is the most expensive procurement program in pentagon history and beset with problems in the testing phase. the crack in the engyp was discovered at the edwards air force base in california. cuban president says his right to retire and the swearing in will be interesting. another example of selective editing in the main stream press in grapevine. up next, big win for hero

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>> bret: a judge in south africa granted bail for oscar pistorius. he is accused of murdering his bodial girlfriend on valentine's day. greg palkot is live with details. >> i was there as it took days to wrap up a bail hearing for oscar pistorius charged with the killing of model girlfriend. he broke down including when the judge granted the bail to the athlete.

>> released on bail. >> yes! [ applause ] >> that cheering that you heard by the way was the family in the gallery in courthouse, backing this man up. the judge said he did it because he did not represent a flight risk. but the bail carries restrictions including giving up a passport and firearm. family posted portion of the bail and then pistorius left the courthouse and headed to his uncle's house for a reunion. here is a little bit of what his uncle had to say today. >> he got bailed today. at the same time, we are in

mourning. >> this spokesman by the way of the family of the victims had something to say as well. he said all they want is justice and truth. the judge criticized the state case calling it full of errors and he knocked the defense team account. the judge said he is sticking with a premeditated murder charge against pistorius that carries a life sentence. the trial is set to start july 4. but there would be delay as they jockey for position. >> a lot of people follow the case closely in america. how does the legal system work

in south africa? it's not a jury system. >> it's not a jury system. a single judge deciding and we saw how the single judge this past week with control the affairs and that should be preview of the trial coming up. there are things that feel familiar to miles per hour. the defense team is well financed. they tried to find holes in the government's case and there are similarities to another case in america. no wonder they are calling this the south african o.j. simpson trial. back to you. >> bret: greg, we'll follow it. thank you. >> the judge joined lawsuit against lance armstrong to accuse him of defrauding the long-time sponsor postal service. he acknowledged he used performance enhancing drugs and the original was brought by a teammate landis.

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>> bret: president obama told a local tv station in san francisco that same-sex couples should have the same rights as everyone else. that led to speculation that the administration may ask the u.s. supreme court to strike down the gay marriage ban. doug mckelway looks at how the president's views and pronnouncement about the subject changed. >> the administration has until the end of the month to file a friend of the court brief against proposition 8, which may be the biggest supreme court civil rights case in decades. the bolt issue eliminate the right of same-sex couples in california to marry. a recent comment by president obama in which he uses the

word "rights" led to speculation he may soon support the nationallization of gay marriage. >> my personal view which is that i think that same-sex couples should have the same rights and be treated like everybody else. >> a legal scholar speculates amy cuss brief by the administration would do little to sway justices as it reaches a wider audience. >> if they file a pro-gay marriage brief it would be political message to the country, at least as much as a legal message to the supreme court. >> the president's comment reveals evolution in his view of gay marriage. in his first three years in office while privately approving of gay marriage, mr. obama was opposed to legalizing it. that changed before the 2012 election. >> it is important for me to go ahead and affirm that i think same-sex couples should be able to get married. >> president ended don't ask don't tell and ignored enforcement of the defense of marriage act. >> the journey is not complete until the gay brothers and sisters are treated like nip

else under the law. >> polls show evolution, too. there is more support at 48% for allowing gays to marry. opposition declined to 43%. for clearly 60% ten years ago. but 37 states prohibit same-sex mayo marriage. the recent, north carolina. if the supreme court upholds appeals court ruling that overturned proposition 8, some say it would mark a troubling rejection of the will of the people. california voters passed proposition 8 roughly 52-48%. >> it's basically judicial policy making. policy i agree with if they do it. but there are some things i think that ought to be left to the voters. >> supreme court arguments begin in march. decision may come in june. even the high court affirms proposition 8 and rejects gay marriage it would do little to change life for gays in california. they enjoy the right of civil unions which many say are the same of marriage in everything but name. bret? >> bret: doug, thanks. washington's governor says six underground radioactive tankss

at the most contaminated 100% sight are leaking. it was revealed one of the 171 tankss was leaking liquids. the government spend $2 billion a year trying to clean up that facility. major winter storm is pull melling the upper midwest. hazardous conditions cause airlines tline to cancel hundref flights. commuters were delayed in chicago as 270 flights were canceled there. cleveland, hopkins international airport, plane skidded off the rupway today. another example of what you are not hearing from the main stream media. and the firestorm orve a failing grade for a school asipemenassignment that mention. people have doubts about taking aspirin for pain.

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starting at less than $2 a day. [ woman ] i love the convenience of adt. i can finally be in two places at once. [ male announcer ] call today and get adt for less than $2 a day. helping protect your business is our business. adt. always there. >> bret: now fresh pickings from the split can grapevine. high school english teacher in texas gave a student a zero on an assignment to write about anything he was interested in. anything at all. because the boy wrote about a gun show. the boy's mother confronted the teacher and then put it on youtube. the school district says the teacher accepted the paper and apologized to the student but the mom says she does not feel it was adequate and considers the way things were handled play tanblatant censorship. former staffer david axelrod and robert gibbs who now work

for msnbc push back against the notion they are in the tanks for the obama administration. both saying they will be independent analysts. they said -- >> bret: it might prove difficult but grapevine says we'll see. "associated press" is breaking a rule about identifying political party affiliation. they note a.p. ran 500-word story on bribery arraignment of former new orleans mayor ray nagin and did not identify him as a democrat. the a.p. tells fox news the story you referenceed is being

updated to include nagin's party affiliation. his party affiliation was inned a ver tently omitted in the version you have seen. in the past, they failed to identify other democrats in trouble including former detroit mayor kwame kilpatrick and jesse jackson junior. with the departure of pope benedict, the catholic church is in a period of transition. there is a trend that has many catholics disturbed. religious correspondent lauren green on what is happening to catholic schools. >> they are frustrated that the school's close at the end of the year. >> when the decision time came, we were sure we met the

goal. we at no time think it would close. then we felt it was in vain. >> in the 1950s, catholic schools were 13,000 nationally. today is less than 7,000. since 2000, 24% drop in number of schools. new york archdiocese of schools says this is not an academic issue. this is a finance issue. >> the cost per child is at an elementary school. roughly $6200. we artificially set tuition lower to make it as affordable as possible for all children and then we take it upon ourselves to make up the difference. >> attendance at mass down choosthere are fewer people choosing to make it a priority.

>> if you're not a regular church-goer, perhaps getting that education for your child isn't at the top of your list. we think it should be. it isn't. the author of the evan general callca loath schism says there is a fundamental issue. spiritual call. >> the tumming down of the catholic faith leads to end of the catholic faith. raise the bar. keep the faith demanding and channeling. if it's presented compellingly enough, people will respond. >> the church acknowledges it must do a better job of shepherding the flock. that's one reason pope bend benedict xvi called for a year of faith. but the immediate concern is staying sal vent. in new york, lauren green, fox news. >> bret: pope benedict is tying up loose ends at the vatican on his way out. the pope is making last-minute appointments, tweaking rules

about religious rights and the succession procession, which is very important point. since the succession is not due to to pope's death. he alone is the head of the church. has to make the rules as the succession goes forward. the last day is supposed to be next thursday. less than a week to go before the sequester cuts. can we expect any movement before late next week? we'll ask the fox all-stars when we come back. look what mommy is having. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle.

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airport security, hardship on a lot of people. seep yours, middle class families scram to believe find child care for their kids. bad idea. a bad idea. >> the sequester was the administration's idea. in they were president obama's idea. >> the so-called "sequester" was obama's idea in the first place. he signed it in to law. >> white house lemede recommendd this. >> bret: conservative group crossroad gps launched that ad today, that video. before that you saw the president at the white house. answering president at appearance with the japanese prime minister. bring in our panel. fredbars, "weekly standard." juan williams, columnist with the hill. syndicated columnist charles krauthammer. fred, where do you think it stands? what happens? >> sequest her go in effect. it's interesting that president obama misjudgeed

both situation and where the republican interest actually lies in this. this is different from the fiscal cliff. the republicans did nothing then and they got tax hikes which they don't like. here they do nothing and they get spending cuts which they do like that. is part of their agenda. the public, rasmussen has a poll that only a third of americans want to have the sequester not go in to effect. they worry about the automatic cuts. that sounds about right. they seem to be, the public has grown immune or somewhat immune to the claims that relatively small cuts, $85 billion is one-half of 1%. of all federal spending. that if you cut it, it will have a really catastrophic effect on american life. i also think the president overrated his open clout. you know, i keep hearing about how enormously popular he is. he is not particularly popular. his job approval is 51, 52%. that is where president bush

was in 2005. after his re-election. and it's about where the president was even before his re-election last november. he doesn't have great sway over the public. >> bret: you don't think there is negative backlash for republicans if it goes in to effect and he continues the bully pulpit of going to the district and say look at what is going to happen? >> not much, if any. besides, the republicans have ideological reason. part of the republican principles. they want to reduce spending. so does the public. >> bret: juan? >> i have a different point of view. >> bret: not surprising. i am struck by this. >> the polls i have seen, show clearly people are asked who is to blame for the catastrophic situation in washington they say it's the republicans. the latest poll here is 43-34 republicans. when you ask what would you

cut, even if it's just republicans what would you cut, would you come down to the republicans say we think we would cut maybe foreign aid. we'd cut maybe unemployment. but on every other count, republicans say keep spending level or increase it. democrats overwhelming, there is nothing the democrats would cut. it seems to me where the rubber meets the road here, you have a tough time selling the republican position. president obama has a tough time in terms of his legacy. the economy i think could be harmed. they estimate 1 hadn't 2 million jobs and that will impact the employment rate. even if you said forget what ray lahood is saying about the long lines at the airport, what does it matter it has consequence on the larger effect on the economy

struggling to gape recovery. >> bret: what about fred's point of the public assessment of the sky is falling out of washington and that there is a glazing over. they have heard it a lot. >> the notion wegone crisis to crisis has effect on that. not much changed. at who point do you have impact? the white house is counting on it having impact it puts republicaputpressure on republi. >> so much error, so little time. we are talking about minuscule amount of the economy that will throw us in a recession. this will have some epect the washington area. because they will be furloughed of people working

for the federal government. but washington area prospered as the rest of the country suffered. people have done well. it will cause the most disruption. tsa an air traffic control because you want to make people upset. so they get angry at republicans. there is a solution to that issue which is done in an hour next week. not in a day. in a hour. where you give the administration discretion how to move the mup around. if you do that, you don't touch single air traffic controller. you can postpone one of tin investments in infrastructure or algae or any other stuff or

the electric cars or solyndra. that is what you would do rationally and you would continue the cut what the country needs. as a aggregate amount, this is trivial amount of money. we are drowning in debt. if you cut two cents we have a catastrophe? >> it is tough to make any cuts if you can't do that. >> bret: they don't want to give the power of the purse over and they should do that. they're not doing it. same way. >> it's a mistake on their part. >> will to ray lahood. >> they are occasionally wrong. >> bret: ray lahood, the transportation secretary today. >> i am trying to wake up members of congress to the

idea they need to come to the table, offer a proposal so we don't have the calamity in the air service in america. >> ray lahood of course republican. speaker boehner's office responded quickly, saying today, secretary lahood alleviating the impact of president obama's sequester requires the republicans stepping forward ideas. he should check out hr-5652, the replacement act. we can look at the h.r. 6684, spending reduction act of 2012, sponsored by the majority leader cantor, a republican. filled to the brim with cracker jack republican ideas. >> someone hasn't given us a proposal is president obama. he has given us vague ideas but no proposal. the president said the tiny spending cuts will have a

strong effect on unemployment and the economic growth. how about $600 billion in tax increases he demanded in the fiscal cliff and passed? that will have a much bigger impact harmfully on the economy than the spending cu cuts. >> bret: juan, one more thing. $85 billion is the total cost. didn't we pass the hurricane sandy relief with $60 billion? put it in perspective. like the numbers. >> no, look, if you -- remember, the argument that we are hering in washington over that, republicans didn't want to do it. and the people, including republicans in northeast scream bloody murder. i think you will get people not getting services as a result who will scream they don't understand why they don't have the first responders. believe me, the white house from their political perspective are going to make that pressure felt. if you talk about ideas, i haven't heard one idea from the speaker about what loopholes he would close or what he would do to reduce it.

to the contrary, the senate democrats put out a plan and the president says -- >> would the white house want to make things worse for the american people? >> they want a deal. >> they would -- they will say listen this is supposed to be across-the-board cut without discrimination, no latitude, every account is cut the same amount. that is why this is a butc butcher's block cut. not smart. >> bret: i think we have six more days to talk about this. next up, the friday lightning round which will be lightning.

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>> bret: every week, viewers vote for your choice online. this is our quick friday lightning round. this week, fracking won with 41% of the vote. that is where we start.

a big battle between new york and pennsylvania. pennsylvania, charles, is thriving economically. new york not so much. there is concerns environmentally. >> new york is losing out because of ideological rigidity here. the overwhelming evidence on the fracking technique is it's benign. lisa jackson, the former head of epa was asked about this. about a year-and-a-half ago. in congress and said she could not think of a single case where it had any effect on water. water is the real issue. it has been around. and there is overwhelming evidence that it is safement >> bret: drones. should drones fly in u.s.? catherine herridge did a piece. we don't know much about the administration drone program. >> this goes beyond law enforcement. the pressure is law enforcement says it's easy and cheaper an they can't be armed so it's not firing at

americans but for surveillance. the problem is it's intrusive and obvious violation of the privacy. >> bret: there will be more talk about that. winners and losers this week. fred, you start us out. >> winer, chuck hagel. he now has enough republicans and all the democrats, not up with democrat in the senate come out against him, so he will be secretary of defense. the loser is jack lew nominated for treasury secretary. he has to answer dozens of more questions and he will be scrutinized more heavily now that hagel is getting through. >> bret: juan, winners and losers. >> this is not true in fred's household but according to bloomberg, president obama's popularity rating now at 55. and real clear politics has his job approval rating at over 50%. for bloomberg, three-year high. and given all that we are hearing about sequest tration and problems with the economy, people, most miles per hours don't think the nation is

headed in the right direction it's amazing how popular president obama is. in terms of my loser it's hoop nature this week. it's -- human nature this week. sad week. jesse jackson junior admitting he misused campaign funds for mackal jackson's -- michael jackson's hat, elvis memorabilia. sad news about the former senator fathering a daughter of former senator and it's one thing that makes you want to cry inside. >> bret: charles? >> winer "argot" for best picture. you heard it here last, it's a consensus pick i think. loser, i agree jesse jackson junior. and the tragedy is this. this is a man of great talent, promise and he sold his soul for a rolex watch. it doesn't get sadder than that. >> bret: you whipped through that lightning round. you whiffed through it. >> go back to that argument we were having --

>> bret: i'll never make it to the end of the show. >> charles is famous for filibustering. >> i know. >> we upset you by finishing early. >> bret: early. finished early. >> as i said, so much error, sair, solittle time. >> give it a shot. drones. >> it gives me the willies the drones, because it's big brother watching. the opportunity for misuse is great. >> drones ought to be used in yemen but not over the united states. the last thing you want drop hovering over your house. obviously it's not a weapon. but for looking in your life there is enough of that going on right now. extreme cases perhaps. but you probably have to judge and court order before you should have a drop over your head. >> judge andrew napolitano would be proud of you, charles. all right. thank you, panel. stay tupeed for an update on what seems to have been the top story of the week. ne revvin]

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>> finally tonight, we try to write interesting lead ins to things, explain things clearly. there were a lot of news worthy stories this week, but it seems local television anchors may think one tops them all. >> if you filled up your gas tank lately, then you don't need to us tell you gas prices are on the rise. >> you don't need us to tell you gas prices are back on the rise. >> you don't need us to tell you that gas prices are back on the rise. >> you don't need us to tell that you gas prices are back on the rise. >> you don't need us to tell you that gas prices are back on the rise. >> you don't need us to tell you that gas prices are on the rise. >> you don't need us to tell that you gas prices are back on the rise. >> you don't need us to tell you gas prices are back on the rise. >> you don't need us to tell you that gas prices are back on the rise. >> you don't need us to tell that you gas prices are back on the rise. >> you don't need us to tell you gas prices are back onment rise. >> you don't need us to tell that you gas prices are back on